What is an indivision agreement?

Signed by the undivided co-owners, the indivision agreement governs the operation of the undivided co-ownership and the relationship between the undivided co-owners. It has some kinships with a declaration of co-ownership without however the mandatory notarial form. Contrary to the declaration of a divided co-ownership, it is optional and does not create the indivision. The term of this type of agreement cannot exceed 30 years, but can be renewed. This agreement must moreover be published to be opposable against third parties.

This kind of agreement can aim essentially at the postponement of partition, but can also contain ancillary provisions regulating the relations between the co-owners during the term of indivision and confirming the shares of co-owners. It can also include the description of the portions reserved for exclusive use of each of the undivided co-owners, if necessary. To understand the importance of such an agreement, let us mention, as an example, that it is the latter which allows an undivided co-owner to live in a unit rather than in another one, by specifying the right of use of each undivided co-owner on his dwelling unit.